Mwamba & 5 others v Meru Central Dairy Cooperative Union& 7 others [2023] KECPT 909 (KLR)

Mwamba & 5 others v Meru Central Dairy Cooperative Union& 7 others (Tribunal Case 49 of 2011) [2023] KECPT 909 (KLR) (Nairobi) (31 August 2023) (Ruling)

Neutral citation: [2023] KECPT 909 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Nairobi

Tribunal Case 49 of 2011

BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

August 31, 2023

Between

Henry R. Mwamba & 5 others

Claimant

and

Meru Central Dairy Cooperative Union& 7 others

Respondent

Ruling

1. The matter for determination is the Bill of Cost dated 10. 5.2021. We note that the same was served upon the Respondents and there was neither a response nor appearance.

2. We therefore tax the Bill of Cost as follows as per Schedule II Remuneration Order:1. Item 1- Taking instructions – the Claimant has billed this item at Kshs. 200,000/=.We note that the subject matter is not ascertained, this being a Management/Election dispute.Schedule II(9) leaves this issue to the discretion of the Tribunal and there being no opposition to the bill. We find that the amount billed is reasonable and tax the same at Kshs. 200,000/=.2. Item 2- Attendance to file the claim Schedule 9 (5) states that the instructions fees includes filing of the documents hence this item is taxed at NIL.3. Item 3- Hearing of Application –a.Attendance by the Advocate taxed at Kshs. 500/=b.Attendance by the Claimants – no proof provided.4. Item 4,5,6-(a).Attendance for Ruling by advocate taxed at Kshs. 500/=(b).attendance by claimants no proof provided.Total Kshs. 500x3= Kshs.1500/=.5. Item 7 – item 6 and 7 are identical hence items 7 is taxed at NIL.6. Item 8 –(a).Attendance for hearing first attendance provided as per schedule taxed at Kshs. 4000/=.(b).2 witnesses attendance, we note that the hearing proceeded hence this item is taxed at Kshs. 3000/=.7. Item 9,10, 12-(a).attendance by advocate taxed at Kshs. 2100/= each hence 2100x3=Kshs. 6300/=(b).attendance by Claimants -no proof provided.8. Item 11- there were no proceedings on that date hence this items is taxed off.9. Disbursement of Kshs. 3735/= allowed as prayed.10. Total amount:a. Item 1- Kshs. 200,000/=b. Item 2- NILc. Item 3- Kshs. 500/=d. Item 4- Kshs. 1500/=e. Item 5- NILf. Item 6- Kshs. 3000/=g. Item 7- Kshs. 6300/=h. Item 8- Kshs. NILi. Item 9- Kshs. 3735/=Total Kshs. 215,035/=The Bill of Costs dated 10. 5.2021 is therefore taxed at Kshs. 215,035/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 31. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 31. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 31. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 31. 8.2023HON. PAUL AOL MEMBER SIGNED 31. 8.2023TRIBUNAL CLERK JEMIMAHNo appearanceHON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023